meet to consider the case of the detenu. The Government
forwarded the detenu's representation to the Advisory Board.
The Advisory Board considered ... opportunity to the detenu to make a
representation and to consider the representation
of the detenu as early as possible. Secondly, the
consideration
Government will not release
the detenu the Government will, send the case along with the
detenu's representation to the Advisory Board. If
thereafter ... opportunity to the detenu to
make a representation and to consider the representation of
the detenu as early as possible. Secondly, the
consideration
opportunity to the detenu to make a
representation and to consider the representation of the
detenu as early as possible. Secondly, the consideration ... Government will not release the detenu the
Government will send the case along with the detenu's
representation to the Advisory Board. If thereafter
Agartala vide letter
dated 31.10.1988, who informed the detenu on 8.11.1988. Thus
the detenu's representation dated 1.9.1988 was disposed of
by the State ... representation by the Government which re-
ceived the representation 11 days after it was
handedover to the Jail Superintendent by the
detenu. This avoidable
considered the reference relating to the
detenu made by the Central Government and also the detenu's
representation submitted to it. The Advisory Board ... present case there being no representation addressed
to the Central Government, the only representation made
by the detenu being addressed to the Advisory Board
during
make a
representation and in disposing of such representation.
Dismissing the writ petition,
^
HELD : 1. The representation of the detenu was
forwarded to the Advisory ... opportunity to the detenu to make a representation
and to consider the representation of the detenu as
early as possible. Secondly, the consideration
representation to the appropriate governments against
his detention. The only further duty to be performed
thereafter is to place the representation made by the
detenu ... Rules of Business of the
government to deal with such representation if the
detenu addresses his representation to the officer
himself.”
It was thus held
grounds of detention were served on the detenu.
On 14.3.87 the detenu preferred a representation
addressed to D.N. Capoor and it was forwarded ... considering and dealing with
the representation. The only requirement of Article 22(5)
is that the representation of the detenu must be considered
detention were served upon the detenu in the
jail. The detenu was also informed that he can file a
representation against the detention order ... absence of
representation or the knowledge of the representation having
been made by the detenu, the appropriate government was
justified in confirming the order
representation against the order. This right to make a representation imposes a corresponding duty on the detaining authority to consider the representation because the representation ... opportunity to the detenu to make a representation and to consider the representation of the detenu as early as possible. Secondly, the consideration
